Remanded
H-1B
H-1B Remanded — Information Technology (2020): a recent court decision (Itserve Alliance, Inc
Decision Summary
The appeal was remanded because a recent court decision (Itserve Alliance, Inc. v. Cissna) and a subsequent USCIS policy change affected the analysis of the employer-employee relationship, requiring the Director to reconsider the case. Additionally, the AAO found a new issue: a discrepancy between the end-client's job experience requirements (10+ years) and the Level II wage listed on the labor condition application, which must be addressed in a new notice.
Criteria Discussed
Specialty Occupation Employer-Employee Relationship Off-Site Employment End-Client Requirements Labor Condition Application (Lca) Wage Level
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